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This paper examines the rapid development of refugee and asylum policies of the EU during the 1990s and evaluates its development from the two viewpoints; one, whether it shows the characteristics of normative power, two, whether it confirms a new experiment beyond the nation state. There are two backgrounds for the EU to concentrate on human rights policy during the 1990s. First, the vision of integration which was based on economic interest has dried up with deepening of political integration. So, the EU needs to reinforce human right policy as an internal driving force. Second, there was a huge volume of refugee influx into the territory of the EU due to Yugoslavian Civil War. So, the EU needs to respond directly this influx through the common refugee and asylum policies. When we compare the EU policy to the 1951 Geneva Convention and the policies of each nation state, the EU shows the characteristic of normative power which has been possible due to the democratic deficit and culture of consensus in the EU. But this structural factor has been slowly dissolved since the EU has reinforced the direct responsibility of the elites to the European citizen. At the same time, the EU considers the strategic interest of the member states through the principles of subsidiarity and proportionality. Such stance of the EU was confirmed again during the Yugoslavian war in which two views has collided such as respecting sovereignty of the nation state and humanitarianintervention beyond nation state. The EU supported traditional position of priority of sovereignty unlike the line of the USA and Britain. In this process, the EU lowers internal barrier among the member states through common refugee and asylum policies, but the wall between Europe and non-Europe is getting higher through the institutional mechanism of inclusion and exclusion. The qualification of being European citizen and the matter of European identity are also getting clearer with the rapid settlement of the common refugee and asylum policies through exclusion of those who are in the outside of the European borders.
